[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Proposed Rules]
[Pages 6393-6394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2173]
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DEPARTMENT OF DEFENSE
48 CFR Part 250
[DFARS Case 2003-D048]
Defense Federal Acquisition Regulation Supplement; Extraordinary
Contractual Actions
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to update text pertaining to processing
of requests for extraordinary contract adjustments. This proposed rule
is a result of a transformation initiative undertaken by DoD to
dramatically change the purpose and content of the DFARS.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before April 8, 2005, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2003-D048,
using any of the following methods:
[ctrcir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[ctrcir] Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for
submitting comments.
[ctrcir] E-mail: [email protected]. Include DFARS Case 2003-D048 in the
subject line of the message.
[ctrcir] Fax: (703) 602-0350.
[ctrcir] Mail: Defense Acquisition Regulations Council, Attn: Mr.
Euclides Barrera, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
[ctrcir] Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, (703) 602-0296.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
http://www.acq.osd.mil/dpap/dfars/transf.htm.
[[Page 6394]]
This proposed rule is a result of the DFARS Transformation
initiative. The proposed DFARS changes--
[ctrcir] Update requirements for DoD processing of requests for
extraordinary contract adjustments; and
[ctrcir] Delete procedures for preparation of records and submittal
of requests to a contract adjustment board. Text on this subject will
be relocated to the new DFARS companion resource, Procedures, Guidance,
and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule
addresses internal administrative DoD procedures for processing
requests for extraordinary contract adjustments. Therefore, DoD has not
performed an initial regulatory flexibility analysis. DoD invites
comments from small businesses and other interested parties. DoD also
will consider comments from small entities concerning the affected
DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be
submitted separately and should cite DFARS Case 2003-D048.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 250
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR Part 250 as follows:
1. The authority citation for 48 CFR Part 250 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS
2. Section 250.105 is revised to read as follows:
250.105 Records.
Follow the procedures at PGI 250.105 for preparation of records.
3. Section 250.201-70 is amended by revising paragraph (a) and the
last sentence of paragraph (b) introductory text to read as follows:
250.201-70 Delegations.
(a) Military Departments. The Departments of the Army, Navy and Air
Force will specify delegations and levels of authority for actions
under the Act and the Executive Order in departmental supplements or
agency acquisition guidance.
(b) * * * The agency supplements or agency acquisition guidance
shall specify the delegations and levels of authority.
* * * * *
4. Subpart 250.3 is revised to read as follows:
Subpart 250.3--Contract Adjustments
Sec.
250.303-1 Contractor requests.
250.305 Processing cases.
250.306 Disposition.
250.303-1 Contractor requests.
Requests should be filed with the procuring contracting officer
(PCO). However, if filing with the PCO is impractical, requests may be
filed with an authorized representative, an administrative contracting
officer, or the Office of General Counsel of the applicable department
or agency, for forwarding to the cognizant PCO.
250.305 Processing cases.
(1) At the time the request is filed, the activity shall prepare
the record described at PGI 250.105(1)(i) and forward it to the
appropriate official within 30 days after the close of the month in
which the record is prepared.
(2) The officer or official responsible for the case shall forward
to the contract adjustment board, through departmental channels, the
documentation described at PGI 250.305.
(3) Contract adjustment boards will render decisions as
expeditiously as practicable. The Chair shall sign a memorandum of
decision disposing of the case. The decision shall be dated and shall
contain the information required by FAR 50.306. The memorandum of
decision shall not contain any information classified ``Confidential''
or higher. The board's decision will be sent to the appropriate
official for implementation.
250.306 Disposition.
For requests denied or approved below the Secretarial level, follow
the disposition procedures at PGI 250.306.
[FR Doc. 05-2173 Filed 2-4-05; 8:45 am]
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